Morgan v. Morgan, No.: a‑1‑10 (New Jersey Supreme Court, February 8, 2011):
Should a party seeking removal of a child from the jurisdiction meet the burden of production as to good faith and that it would not be detrimental to the child, the noncustodial parent must then produce evidence opposing the move as either not in good faith or inimical to the child’s interest; problems, in the form of detriment to the child, with regard to changed visitation may prove particularly important. Fact that noncustodial father saw children more than provided for in the settlement agreement and was involved in their school and sports lives did not establish de facto shared physical custody of the children with mother so as to cast issue of mother’s request to remove children to another state as one of custody rather than removal.
Laura Morgan is a Family Law Consultant. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.famlawconsult.com